Cheating Parents: The Impact of Adultery on Custody and Access

This is Khloe and Tristan Thompson's (Cavalier star's)
first baby together. The pair have been dating for more than a year.

As if the birth of a new Kardashian baby wasn't big enough news, her
birth coincided with news that Tristan cheated on Khloe in October 2017,
when she was 3 months pregnant.
TMZ reported that Tristan was caught making out with and 'motorboating' two
women at a hookah lounge.
TMZ further reported that Tristan was seen taking a woman back to his New York City hotel room
just FIVE DAYS AGO!

Given the birth of their baby, we can't help but wonder whether Tristan's
adulterous ways could have any impact on his relationship with his daughter.

If Khloe and Tristan lived in Ontario, the answer would generally be no
- adultery would not have a significant impact on
child custody or access. Generally, parents are not entitled to an advantage with respect
to child custody or access because of adultery.

As per the Section 24(3) of the
Children's Law Reform Act, a parent's past conduct is considered relevant for the purposes of
dealing with custody and/or access issues only if it impacts that person's
ability to act as a parent. As such, having an affair is not grounds enough
for a parent to lose custody or access to their children.

It is important to note that if the parent who committed adultery is planning
to build a relationship with the third party (i.e. if Tristan were to
start dating any of the women he has supposedly had adulterous relations
with), this may impact his/her custody and/or access to the children from
their previous relationship. For example, if a parent's new spouse/partner
intends to move in with them and their children immediately after the
separation, this may pose a problem (as exposing children to this type
of trauma may be insensitive and not in their
best interests).

Like with all custody and access determinations, the best interests of
the children are paramount. In order for a parent to have custody and/or
access to their children, they must be able to demonstrate that they are
able to put their child's needs and interests ahead of their own desires.

This sounds like pretty good news for Tristan - his cheating ways (generally)
will not get in the way of his relationship with his daughter.

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